The government can do anything it desires.
For 40+ years is has chosen to indoctrinate children into the degenerative sex cult we are experiencing today instead of improving learning skills and increasing aptitudes that benefit society and the individual.
The DoE could be set right, yet set askew again in the future depending on the sentiments of the chieftains.
If a man wielding a knife broke into your house threatening to kill you then put the knife down beside you while he went to the bathroom, would you leave the knife where he put it or would you get rid of it?
Eliminate the DoE.